High Court Patna High Court - Orders

Abdul Ghafoor &Amp; Anr vs The State Of Bihar on 27 September, 2010

Patna High Court – Orders
Abdul Ghafoor &Amp; Anr vs The State Of Bihar on 27 September, 2010
                    IN THE HIGH COURT OF JUDICATURE AT PATNA
                          CR. REV. No.1383 of 2010
                    1. ABDUL GHAFOOR
                    2. SAKEENA KHATOON
                                           ...PETITIONERS
                               Versus
                    THE STATE OF BIHAR
                                           ...OPPOSITE PARTY

                      For the petitioner   :Mr. Vikramdeo Singh
                      For the State        :Mr. Jharkhandi Upadhyay,APP
                                                -----------

03. 27.09.2010 This application has been preferred against the

judgment and order dated 9.02.2008, passed in Cr. Appeal

No.05/20 of 2005 (Abdul Ghafoor & Anr. Vs. State), whereby

learned appellate court on a consideration of materials on record

concurred with the finding of guilt recorded by learned trial court

under sections 323, 447 and 452 IPC. They were, however,

acquitted of the charges punishable under section 379 IPC.

Present revision application has been filed after

inordinate delay. It appears that the application is barred by delay

of more than 15 months.

Learned counsel for the petitioners presses I. A.

No.1888 filed u/s 5 of the Limitation Act. In paragraphs 5, 6 and 7

petitioners have tried to explain the delay. The female inmate of

the house (petitioner no.2) is also said to have gone to Delhi. In

paragraph 7, it is stated that petitioner no.1 on his return home

was arrested and could know about the disposal of the appeal. The

appeal was considered and disposed of in presence of the counsel

for the appellants.

From the pleadings made in the application seeking
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condonation of delay, this Court is not satisfied that a case for

condonation of delay has been made out. Accordingly, the same is

rejected.

Since I have already rejected the application seeking

condonation of delay, the present criminal revision application is

also dismissed as barred by limitation.

( Kishore K. Mandal )
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